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RESOLUTION NO. 6379
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA AUTHORIZING EXAMINATION
OF SALES AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 1494 adopted on October 16, 1973, the City
of Arcadia entered into a contract with the State Board of Equalization ("Board") to perform
all functions incident to the administration and collection of local sales and use taxes; and
WHEREAS, the City Council of the City of Arcadia deems it desirable and necessary
for authorized representatives of the City to examine confidential sales and use tax records
of the Board pertaining to sales and use taxes collected by the Board for the City pursuant
to that contract; and
WHEREAS, Section 7056 and 7056.5 of the California Revenue and Taxation Code
set forth certain requirements and conditions for the disclosure of Board of Equalization
records, and establish criminal penalties for the unlawful disclosure of information
contained in, or derived from, the sales and use tax records of the Board.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA HEREBY'
RESOLVES AS FOLLOWS:
SECTION 1. That the City Manager, or other officer or employee of the City
designated in writing by the City Manager to the Board, is hereby appointed to represent
the City of Arcadia with authority to examine sales and use tax records of the Board
pertaining to sales and use taxes collected for the City by the Board pursuant to the
contract between the City and the Board. The information obtained by examination of
Board records shall be used orily for purposes related to the collection of City sales and
use taxes by the Board pursuant to that contract.
SECTION 2. That the City Manager, or other officer or employee of the City
designated in writing by the City Manager to the Board, is hereby appointed to represent
the City with authority to examine those sales and use tax records of the Board, for
purposes related to the following positions in the City:
(a) City Manager/Executive Director
(b) Assistant City Manager/Deputy Executive Director
(c) Administrative Services Director
(d) Economic Development Administrator
(e) Financial Services Manager/City Treasurer
(f) Management Analyst (Development Services Department)
(g) Senior Administrative Assistant (Development Services Department)
(h) Information Services Personnel
The information obtained by examination of Board records shall be used only for those
positions in the City listed above.
SECTION 3. That the City Manager be permitted to make changes to the personnel
allowed to examine those sales and use tax records of the Board. The changes will be
submitted to the Board in writing by the City Manager.
SECTION 4. That Hinderliter, de Llamas & Associates is hereby designated to
examine the sales and use tax records of the Board pertaining to sales and use taxes
collected for the City by the Board. The person or entity designated by this section meets
all of the following conditions:
(a) has an existing contract with the City to examine those sales and use tax
records;
(b) is required by that contract to disclose information contained in, or derived
from, those sales and use tax records only to the officer or employee
authorized under Sections 1 or 2 of this Resolution to examine the
information,
(c) is prohibited by that contract from performing consulting services for a retailer
during the term of that contract; and
(d) is prohibited by that contract from retaining the information contained in, or
derived from those sales and use tax records, after that contract has expired.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 19thday of August 2003,
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Ma of th City ot'Arcadia
ATTEST:
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APPROVED AS TO FORM:
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City Attorney
City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that
the foregoing Resolution No. 6379 was passed and adopted by the City Council of the
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 19th day of August, 2003 and that said Resolution
was adopted by the following vote, to wit:
AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
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Clerk of the Ci (,6f Arcadia